Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Reservation of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redemption of gift vouchers
  10. Applicable law
  11. Jurisdiction
  12. Code of conduct
  13. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of maxsquare GmbH (hereinafter referred to as "Seller"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer");These terms and conditions apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods presented by the seller in his online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise agreed.

 

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days,

 

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not provide any further access to the text of the contract. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.7 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.9 Order processing and contact are generally carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transmission by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

 

4.3 The payment method(s) will be communicated to the customer in the seller's online store.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service „PayPal“ is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes, even in the event of the assignment of claims.

4.6 If the payment method „SOFORT“ is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account activated for participation in „SOFORT“, legitimize himself accordingly during the payment process and confirm the payment instruction to „SOFORT“. The payment transaction is then immediately carried out by „SOFORT“ and the customer's bank account is debited. The customer can find more information on the payment method „SOFORT“ on the Internet at https://www.klarna.com/sofort/.

4.7 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-en.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is authoritative.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy shall apply to the return shipping costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment;

 

The goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific cover transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

  • by download
  • by e-mail

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

 

  • the seller has the choice of the type of subsequent performance;
    • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • in the case of used goods, the rights and claims for defects are excluded;
    • the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects shall be one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

7.3 The above limitations of liability and extensions of time limits shall not apply

  • for claims for damages and reimbursement of expenses by the customer,
    • in the event that the seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial duty of inspection and due diligence pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.


8) Liability

The seller shall be liable to the customer for all contractual, contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation for any legal reason

  • in case of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
    • due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased commercially via the seller's online store (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online store, unless otherwise specified in the voucher.

9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

 

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

 

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the business incapacity or the lack of power of representation of the respective holder.

10) Applicable law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.


11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special trust under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Code of Conduct

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.